2001 Wisconsin Act 16

16,1705b Section 1705b. 49.175 (1) (ze) 2. of the statutes is amended to read:

49.175 (1) (ze) 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $13,745,200 $20,145,000 in fiscal year 1999-2000 2001-02 and $17,930,000 $19,796,000 in fiscal year 2000-01 2002-03.

16,1706b Section 1706b. 49.175 (1) (ze) 3. of the statutes is repealed.

16,1706m Section 1706m. 49.175 (1) (ze) 5. of the statutes is repealed.

16,1707b Section 1707b. 49.175 (1) (ze) 7. of the statutes is amended to read:

49.175 (1) (ze) 7. `Adolescent services and pregnancy prevention programs.' For adolescent services and pregnancy prevention programs under ss. 46.93, 46.99, and 46.995, $1,808,300 $1,816,500 in each fiscal year.

16,1708b Section 1708b. 49.175 (1) (ze) 8. of the statutes is amended to read:

49.175 (1) (ze) 8. `Domestic abuse services grants.' For the domestic abuse services grants under s. 46.95 (2), $975,000 in fiscal year 1999-2000 and $1,000,000 in each fiscal year thereafter.

16,1709b Section 1709b. 49.175 (1) (ze) 10. of the statutes is repealed.

16,1709d Section 1709d. 49.175 (1) (ze) 10m. of the statutes is created to read:

49.175 (1) (ze) 10m. `Safety services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $7,094,100 in each fiscal year.

16,1709f Section 1709f. 49.175 (1) (ze) 11. of the statutes is created to read:

49.175 (1) (ze) 11. `Prevention services.' For services to prevent child abuse or neglect in counties having a population of 500,000 or more, $1,489,600 in each fiscal year.

16,1710b Section 1710b. 49.175 (1) (zf) of the statutes is amended to read:

49.175 (1) (zf) Badger Challenge. For the Badger Challenge program under s. 21.25, $33,300 in fiscal year 1999-2000 and $83,200 in $93,400 in fiscal year 2000-01 2002-03.

16,1711b Section 1711b. 49.175 (1) (zh) of the statutes is amended to read:

49.175 (1) (zh) Earned income tax credit. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $51,000,000 $51,244,500 in fiscal year 1999-2000 2001-02 and $54,000,000 $52,200,000 in fiscal year 2000-01 2002-03.

16,1714 Section 1714. 49.175 (1) (zm) of the statutes is repealed.

16,1714d Section 1714d. 49.175 (1) (zo) of the statutes is created to read:

49.175 (1) (zo) After-school care program. For the transfer of moneys to the department of public instruction for the after-school care grant program under 2001 Wisconsin Act .... (this act), section 9140 (6w), $150,000 in fiscal year 2002-03.

16,1715 Section 1715. 49.175 (2) (title) of the statutes is amended to read:

49.175 (2) (title) Redistribution Reallocation of funds.

16,1716m Section 1716m. 49.175 (2) of the statutes is renumbered 49.175 (2) (a) (intro.) and amended to read:

49.175 (2) (a) (intro.) The department may redistribute reallocate funds that are allocated for a purpose specified under any under a paragraph under sub. (1) to be used for any other purpose specified in any other a paragraph under sub. (1) if the all of the following requirements are met:

3. If the department proposes to reallocate not more than 5% of the total amount allocated for a purpose specified under a paragraph under sub. (1), the secretary of administration approves the redistribution reallocation.

16,1716o Section 1716o. 49.175 (2) (a) 1. of the statutes is created to read:

49.175 (2) (a) 1. The purpose for which the funds are reallocated is authorized by the appropriation from which the funds are derived.

16,1716q Section 1716q. 49.175 (2) (a) 2. of the statutes is created to read:

49.175 (2) (a) 2. The funds are reallocated for expenditure in the same fiscal year for which they were allocated under sub. (1).

16,1716s Section 1716s. 49.175 (2) (a) 4. of the statutes is created to read:

49.175 (2) (a) 4. If the department proposes to reallocate more than 5% of the total amount allocated for a purpose specified under a paragraph under sub. (1), the secretary of administration approves the reallocation, and the joint committee on finance approves the reallocation as specified under par. (b).

16,1716v Section 1716v. 49.175 (2) (b) of the statutes is created to read:

49.175 (2) (b) If the department proposes to reallocate more than 5% of the total amount allocated for a purpose specified under a paragraph under sub. (1), and the secretary of administration has approved the reallocation under par. (a) 4., the secretary shall submit the proposal to the joint committee on finance for review. If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date on which the proposal is submitted that the committee intends to schedule a meeting to review the proposal, the funds may be reallocated as proposed by the department. If, within 14 working days after the date on which the proposal is submitted, the cochairpersons of the committee notify the secretary that the committee intends to schedule a meeting to review the proposal, the funds may be reallocated only upon approval by the committee.

16,1717g Section 1717g. 49.175 (2) (c) of the statutes is created to read:

49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.445 (3) (mc) and (md) are less than the amounts appropriated under s. 20.445 (3) (mc) and (md), the department shall submit a plan to the secretary of administration for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and the department shall allocate the moneys as specified in the plan.

16,1718 Section 1718. 49.175 (3) of the statutes is created to read:

49.175 (3) Report on expenditures. By November 1 of each fiscal year, the department shall submit a report to the secretary of administration and the cochairpersons of the joint committee on finance on the expenditures made from the appropriation accounts under s. 20.445 (3) (a), (cm), (dc), (dz), (e), (jL), (k), (L), (mc), (md), (nL), (pm), and (ps) in the previous fiscal year for the purposes specified in sub. (1).

16,1718x Section 1718x. 49.185 of the statutes is repealed.

16,1723m Section 1723m. 49.197 (1m) of the statutes is amended to read:

49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2036 and, on the part of participants in the Wisconsin works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV and food stamp benefits under the food stamp program under 7 USC 2011 to 2036. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

16,1724g Section 1724g. 49.197 (3) of the statutes is amended to read:

49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under subch. IV, Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029. The department shall fund the activities under this section from the appropriation under s. 20.445 (3) (L).

16,1724m Section 1724m. 49.197 (3) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in medical assistance under subch. IV, Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 and, if the department of health and family services contracts with the department under sub. (5), the medical assistance program under subch. IV and the food stamp program under 7 USC 2011 to 2036.

16,1725ag Section 1725ag. 49.197 (4) of the statutes is amended to read:

49.197 (4) County and tribal error reduction. The department shall provide funds from the appropriations under s. 20.445 (3) (dz), and (L) and (Lm) and federal matching funds from the appropriations under s. 20.445 (3) (md), (n) and (nL) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under subch. IV, aid to families with dependent children under s. 49.19 or the food stamp program under 7 USC 2011 to 2029 2036 to offset administrative costs of reducing payment errors in those programs.

16,1725am Section 1725am. 49.197 (4) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

49.197 (4) County and tribal error reduction. The If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriations appropriation under s. 20.445 (3) (dz) and (L) and federal matching funds from the appropriations under s. 20.445 (3) (n) and (nL) (kx) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance under subch. IV or the food stamp program under 7 USC 2011 to 2036 to offset administrative costs of reducing payment errors in those programs.

16,1725b Section 1725b. 49.197 (5) of the statutes is created to read:

49.197 (5) Contracts for medical assistance and food stamps. The department of health and family services may contract with the department to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV or recipients of food stamp benefits under the food stamp program under 7 USC 2011 to 2036 as provided in this section.

16,1725c Section 1725c. 49.22 (6) of the statutes is amended to read:

49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47; benefits under s. 49.124, 49.148 or , 49.155, or 49.79; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

16,1726 Section 1726. 49.30 (2) of the statutes is amended to read:

49.30 (2) From the appropriation appropriations under s. 20.445 (3) (dz) and (md), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). From the appropriation appropriations under s. 20.445 (3) (dz) and (md), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

16,1727 Section 1727. 49.32 (2) (d) of the statutes is amended to read:

49.32 (2) (d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 49.33 (8) and (9).

16,1728m Section 1728m. 49.32 (7) (b) of the statutes is amended to read:

49.32 (7) (b) The department shall conduct a program to periodically match the records of recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 and, if the department of health and family services contracts with the department under s. 49.197 (5), recipients of medical assistance under subch. IV and food stamp benefits under the food stamp program under 7 USC 2011 to 2036 with the records of recipients under those programs in other states. If an agreement with the other states can be obtained, matches with records of states contiguous to this state shall be conducted at least annually.

16,1729m Section 1729m. 49.32 (7) (c) of the statutes is amended to read:

49.32 (7) (c) The department shall conduct a program to periodically match the address records of recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 and, if the department of health and family services contracts with the department under s. 49.197 (5), recipients of medical assistance under subch. IV and food stamp benefits under the food stamp program under 7 USC 2011 to 2036 to verify residency and to identify recipients receiving duplicate or fraudulent payments.

16,1730b Section 1730b. 49.32 (7) (d) of the statutes is amended to read:

49.32 (7) (d) The department, with assistance from the department of corrections, shall conduct a program to periodically match the records of persons confined in state correctional facilities with the records of recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and the food stamp program under 7 USC 2011 to 2029 and, if the department of health and family services contracts with the department under s. 49.197 (5), recipients of medical assistance under subch. IV and food stamp benefits under the food stamp program under 7 USC 2011 to 2036 to identify recipients who may be ineligible for benefits.

16,1730f Section 1730f. 49.32 (10) (a) (intro.) of the statutes is amended to read:

49.32 (10) (a) (intro.) Each county department under s. 46.215, 46.22, or 46.23 may release the current address of a recipient of food stamps or of aid under s. 49.19, and each Wisconsin works agency may release the current address of a participant in Wisconsin works under ss. 49.141 to 49.161 or, if administering the food stamp program, of a food stamp recipient, to a law enforcement officer if the officer meets all of the following conditions:

16,1731g Section 1731g. 49.33 (1) (b) of the statutes is amended to read:

49.33 (1) (b) "Income maintenance program" means aid to families with dependent children under s. 49.19, Wisconsin works under ss. 49.141 to 49.161, the medical assistance program under subch. IV of ch. 49, the badger care health care program under s. 49.665, the child care program under s. 49.155, or the food stamp program under 7 USC 2011 to 2029 2036.

16,1731gc Section 1731gc. 49.33 (1) (b) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

49.33 (1) (b) "Income maintenance program" means the medical assistance program under subch. IV of ch. 49, the badger care health care program under s. 49.665, the child care program under s. 49.155, or the food stamp program under 7 USC 2011 to 2036.

16,1731m Section 1731m. 49.33 (1) (c) of the statutes is repealed.

16,1731t Section 1731t. 49.33 (1) (cr) of the statutes is created to read:

49.33 (1) (cr) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

16,1732b Section 1732b. 49.33 (2) of the statutes is repealed and recreated to read:

49.33 (2) Contracts. (a) Annually, the department and the department of health and family services shall, jointly, contract with county departments under ss. 46.215, 46.22, and 46.23, and may, jointly, contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering the medical assistance program under subch. IV and the badger care health care program under s. 49.665.

(b) Annually, the department shall contract with county departments under ss. 46.215, 46.22, and 46.23, and may, jointly, contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs, other than the medical assistance program under subch. IV and the badger care health care program under s. 49.665.

16,1732c Section 1732c. 49.33 (2) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

49.33 (2) Contracts. Annually, the department of health and family services shall contract with county departments under ss. 46.215, 46.22, and 46.23, and may contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs.

16,1737 Section 1737. 49.33 (8) (a) of the statutes is amended to read:

49.33 (8) (a) The From the appropriation accounts under ss. 20.445 (3) (dz), (kx), (md), and (nL) and subject to par. (b), the department shall reimburse each county and tribal governing body that contracts with the department and the department of health and family services under sub. (2) (a) for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to administering the medical assistance program under subch. IV and the badger care health care program under s. 49.665 and that contracts with the department under sub. (2) (b) for the reasonable costs of administering income maintenance programs other than the medical assistance program under subch. IV and the badger care health care program under s. 49.665. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.445 (3) (dz), (kx), (md), and (nL) by contract under s. 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4).

16,1737c Section 1737c. 49.33 (8) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

49.33 (8) (a) From the appropriation accounts under ss. 20.445 (3) (dz), (kx), (md), and (nL) s. 20.435 (4) (bn) and (nn) and subject to par. (b), the department of health and family services shall reimburse each county and tribal governing body that contracts with the department and the department of health and family services under sub. (2) (a) for reasonable costs of administering the medical assistance program under subch. IV and the badger care health care program under s. 49.665 and that contracts with the department under sub. (2) (b) for the reasonable costs of administering income maintenance programs other than the medical assistance program under subch. IV and the badger care health care program under s. 49.665. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.445 (3) (dz), (kx), (md), and (nL) 20.435 (4) (bn) and (nn) by contract under s. 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4).

16,1738 Section 1738. 49.33 (8) (b) of the statutes is amended to read:

49.33 (8) (b) The department may adjust the amounts determined under par. (a) for workload changes and computer network activities performed by counties a county or tribal governing body and may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.

16,1739 Section 1739. 49.33 (9) of the statutes is repealed.

16,1740 Section 1740. 49.33 (10) (a) of the statutes is amended to read:

49.33 (10) (a) The Each county treasurer and each director of a county department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall certify monthly under oath to the department in such manner as the department prescribes the claim of the county for state reimbursement under subs. sub. (8) and (9) and (a). The department shall review each claim of reimbursement and, if the department approves such the claim it, the department shall certify to the department of administration for reimbursement to the county for amounts due under these subsections sub. (8) (a) and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

16,1740am Section 1740am. 49.33 (10) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

49.33 (10) (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall certify monthly under oath to the department of health and family services in such manner as the department of health and family services prescribes the claim of the county for state reimbursement under sub. (8) (a). The department of health and family services shall review each claim of reimbursement and, if the department of health and family services approves the claim, the department of health and family services shall certify to the department of administration for reimbursement to the county for amounts due under sub. (8) (a) and payment claimed to be made to the counties monthly. The department of health and family services may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

16,1740bg Section 1740bg. 49.33 (10) (b) of the statutes is amended to read:

49.33 (10) (b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.